§ 146.02-25

Conditions under which equivalents or alternative procedures may be used.

(a) When in this subchapter it is provided that a particular fitting, appliance, apparatus, equipment, or container, or type thereof, shall be fitted or carried in a vessel, or that any particular arrangement shall be adopted, the Commandant may accept in substitution therefor any other fitting, apparatus, equipment, or container, or type thereof, or any other arrangement: Provided, That he shall have been satisfied by suitable trials or tests that the fitting, appliance, apparatus, equipment, or container, or type thereof, or the arrangement is at least as effective as that specified in this subchapter.

(b) In any case where it is shown to the satisfaction of the Commandant that the use of any particular equipment, apparatus, container, or arrangement not specifically required by law is unreasonable or impracticable, the Commandant may permit the use of alternate equipment, apparatus, container, or arrangement to such an extent and upon such conditions as will insure, to his satisfaction, a degree of safety consistent with the minimum standards set forth in this subchapter.

(c) When the procedures, designs, or methods of stowage or construction are submitted for approval the Commandant is authorized to act regarding the approval or disapproval of such new developments for which no regulations have been provided.

[CGFR 57-30, 22 F.R. 4447, June 25, 1957]

§ 146.02-30 Portable containers—interpretive rulings.

(a) The phrase "drums, barrels, or other packages," as used in R.S. 4417a, as amended (46 U.S.C. 391a), and in R.S. 4472, as amended (46 U.S.C. 170), is interpreted to include portable containers having a maximum capacity of 110 U.S. gallons, which are actually loaded and discharged from vessels with their contents intact.

(b) The phrase "combustible liquid cargo in bulk" as used in R.S. 4417a, as amended (46 U.S.C. 391a), and in R.S. 4472, as amended (46 U.S.C. 170), is interpreted to include portable containers of a capacity of more than 110 U.S. gallons, whether or not such con

The letters "MIN" refer to "Marine Inspection and Navigation", a former Bureau in the Department of Commerce whose functions are now carried out by the Coast Guard.

[CGFR 62–11, 27 FR. 5280, June 5, 1962] § 146.03-3 Bulk.

The word "bulk" means substances which are loaded and carried on board a vessel without benefit of containers or wrappers, and received and delivered by the vessel carrier without mark or count: Provided, however, That this definition does not apply to initiating or priming explosives.

§ 146.03-5 Cargo.

For the purposes of the regulations in this part "cargo" is defined as any explosive or other dangerous article or substance, and combustible liquids, as defined within the regulations in this part, laden on board a vessel, with or without being confined within a container, for the purpose of transporting or storing such goods in the vessel. § 146.03-6 CFC.

The initials "CFC" refer to Consolidated Freight Classification.

§ 146.03-7 Character of vessel.

The term "character of vessel" means the type of service in which the vessel is engaged at the time of carriage of the explosives or other dangerous articles or substances subject to the regulations in this part, i.e., a cargo vessel, a passenger vessel, a ferry vessel, a railroad car ferry or a barge.

§ 146.03-8 Dangerous articles defined.

A dangerous article within the meaning of the regulations in this subchapter

(b) Shipments of combustible liquids or hazardous articles, prepared, packed, and offered for transportation by vessels other than common carrier vessels, shall, with respect to definitions, descriptions, descriptive names and classifications; and with respect to containers for such articles or substances; and with respect to the packing, marking and certification of such articles or substances conform to the applicable provisions of the regulations contained in this part.

[Order 74, 6 F.R. 258, Jan. 11, 1941, as amended, CGFR 53-26, 18 F.R. 5205, Sept. 1, 1953]

§ 146.02-20 Repairs or work involving welding or burning or other hazards. (a) A vessel having on board explosives or other dangerous articles as cargo shall not proceed to a ship repair plant or enter upon a drydock or marine railway or otherwise undertake repairs, or any work involving welding or burning, or the use of powder actuated tools or appliances which may produce intense heat, in violation of any of the following provisions:

(1) No such repairs or work, except emergency repairs to the vessel's main propelling or boiler plant or auxiliaries thereto, shall be undertaken while any explosives as cargo are on board.

(2) No such repairs or work shall be undertaken in holds containing any other dangerous articles as cargo, nor in compartments adjoining holds in which other dangerous articles as cargo are stowed except necessary repairs to the vessel's main propelling or boiler plant or auxiliaries thereto, including tail shaft and propeller.

(3) No such repairs or work shall be undertaken in or upon boundaries of holds, after the discharge of any cargo of explosives or inflammable solids or oxidizing materials, until all precautions are taken to see that no residue of cargo is left to create a hazard.

(4) No such repairs or work shall be undertaken in, or upon boundaries of, holds that have lately contained substances capable of giving off inflammable or explosive vapors, until such holds have been determined gas free.

(b) None of the provisions in paragraph (a) of this section shall apply to permitted articles of ships' stores and supplies of a dangerous nature, although provisions shall be taken to afford safe

storage and protection to such stores from any risk incident to the repair work.

(c) Contrary to the provisions set forth in this section, emergency repairs may be undertaken when in the judgment of the master, such repairs are necessary for the safety of the vessel, its passengers and crew.

[CGFR 53-54, 18 F.R. 8228, Dec. 16, 1953] § 146.02-21 Statements of characteristic properties.

In the second column of the tables shown in §§ 146.20-100, 146.20-200, 146.20-300, 146.23-100,

146.21-100,

146.24-100,

146.22-100, 146.25-100,

146.25-200, 146.25-300, 146.25-400, 146.26-100, and 146.27-100 are statements in italics setting forth certain characteristic properties of the substances listed therein. It is not intended that these statements set forth all the characteristic properties of a particular substance and such statements as are shown are informative only.

[Order 74, 6 F.R. 259, Jan. 11, 1941, as amended by CGFR 53–26, 18 F.R. 5205, Sept. 1, 1953]

§ 146.02-22 Preservation of records.

(a) Where the regulations in this part require the preparation of shipping orders, manifests, or other shipping documents, cargo lists, cargo stowage plans, reports and any other papers or records, it shall be the duty of the owner of the vessel to preserve such records or copies thereof in his office or place of business in the United States for a period of one year. Persons or corporations chartering or engaging or contracting for the use of vessels under such terms and conditions that they have full and exclusive control of the management and operating of such vessels shall be subject to the same requirement for preservation of records as are imposed upon owners of vessels by this section and in such cases the owners shall not be required to preserve such records.

(b) Any records required to be so preserved shall be produced to the Commandant of the Coast Guard or his authorized representative upon his request therefor.

[Order 74, 6 FR. 259, Jan. 11, 1941, as amended by CGFR 47-35, 12 F.R. 4184, June 27, 1947, CGFR 58-9, 23 F.R. 4839, June 28, 1958; CGFR 62–11, 27 F.R. 5280, June 5, 1962]

§ 146.02-25

Conditions under which equivalents or alternative procedures may be used.

(a) When in this subchapter it is provided that a particular fitting, appliance, apparatus, equipment, or container, or type thereof, shall be fitted or carried in a vessel, or that any particular arrangement shall be adopted, the Commandant may accept in substitution therefor any other fitting, apparatus, equipment, or container, or type thereof, or any other arrangement: Provided, That he shall have been satisfied by suitable trials or tests that the fitting, appliance, apparatus, equipment, or container, or type thereof, or the arrangement is at least as effective as that specified in this subchapter.

(b) In any case where it is shown to the satisfaction of the Commandant that the use of any particular equipment, apparatus, container, or arrangement not specifically required by law is unreasonable or impracticable, the Commandant may permit the use of alternate equipment, apparatus, container, or arrangement to such an extent and upon such conditions as will insure, to his satisfaction, a degree of safety consistent with the minimum standards set forth in this subchapter.

(c) When the procedures, designs, or methods of stowage or construction are submitted for approval the Commandant is authorized to act regarding the approval or disapproval of such new developments for which no regulations have been provided.

[CGFR 57-30, 22 F.R. 4447, June 25, 1957]

§ 146.02-30 Portable containers—interpretive rulings.

(a) The phrase "drums, barrels, or other packages," as used in R.S. 4417a, as amended (46 U.S.C. 391a), and in R.S. 4472, as amended (46 U.S.C. 170), is interpreted to include portable containers having a maximum capacity of 110 U.S. gallons, which are actually loaded and discharged from vessels with their contents intact.

(b) The phrase "combustible liquid cargo in bulk" as used in R.S. 4417a, as amended (46 U.S.C. 391a), and in R.S. 4472, as amended (46 U.S.C. 170), is interpreted to include portable containers of a capacity of more than 110 U.S. gallons, whether or not such con

The letters "MIN" refer to "Marine Inspection and Navigation", a former Bureau in the Department of Commerce whose functions are now carried out by the Coast Guard.

[CGFR 62-11, 27 F.R. 5280, June 5, 1962] § 146.03-3 Bulk.

The word "bulk" means substances which are loaded and carried on board a vessel without benefit of containers or wrappers, and received and delivered by the vessel carrier without mark or count: Provided, however, That this definition does not apply to initiating or priming explosives.

(b) Shipments of combustible liquids or hazardous articles, prepared, packed, and offered for transportation by vessels other than common carrier vessels, shall, with respect to definitions, descriptions, descriptive names and classifications; and with respect to containers for such articles or substances; and with respect to the packing, marking and certification of such articles or substances conform to the applicable provisions of the regulations contained in this part.

[Order 74, 6 F.R. 258, Jan. 11, 1941, as amended, CGFR 53-26, 18 F.R. 5205, Sept. 1, 1953]

§ 146.02-20 Repairs or work involving welding or burning or other hazards. (a) A vessel having on board explosives or other dangerous articles as cargo shall not proceed to a ship repair plant or enter upon a drydock or marine railway or otherwise undertake repairs, or any work involving welding or burning, or the use of powder actuated tools or appliances which may produce intense heat, in violation of any of the following provisions:

(1) No such repairs or work, except emergency repairs to the vessel's main propelling or boiler plant or auxiliaries thereto, shall be undertaken while any explosives as cargo are on board.

(2) No such repairs or work shall be undertaken in holds containing any other dangerous articles as cargo, nor in compartments adjoining holds in which other dangerous articles as cargo are stowed except necessary repairs to the vessel's main propelling or boiler plant or auxiliaries thereto, including tail shaft and propeller.

(3) No such repairs or work shall be undertaken in or upon boundaries of holds, after the discharge of any cargo of explosives or inflammable solids or oxidizing materials, until all precautions are taken to see that no residue of cargo is left to create a hazard.

(4) No such repairs or work shall be undertaken in, or upon boundaries of, holds that have lately contained substances capable of giving off inflammable or explosive vapors, until such holds have been determined gas free.

(b) None of the provisions in paragraph (a) of this section shall apply to permitted articles of ships' stores and supplies of a dangerous nature, although provisions shall be taken to afford safe

storage and protection to such stores from any risk incident to the repair work.

(c) Contrary to the provisions set forth in this section, emergency repairs may be undertaken when in the judgment of the master, such repairs are necessary for the safety of the vessel, its passengers and crew.

[CGFR 53-54, 18 F.R. 8228, Dec. 16, 1953] § 146.02-21 Statements of characteristic properties.

146.21-100,

146.24-100,

146.22-100, 146.25-100,

In the second column of the tables shown in §§ 146.20-100, 146.20-200, 146.20-300, 146.23-100, 146.25-200, 146.25-300, 146.25-400, 146.26-100, and 146.27-100 are statements in italics setting forth certain characteristic properties of the substances listed therein. It is not intended that these statements set forth all the characteristic properties of a particular substance and such statements as are shown are informative only.

[Order 74, 6 F.R. 259, Jan. 11, 1941, as amended by CGFR 53-26, 18 F.R. 5205, Sept. 1, 1953]

§ 146.02-22

Preservation of records.

(a) Where the regulations in this part require the preparation of shipping orders, manifests, or other shipping documents, cargo lists, cargo stowage plans, reports and any other papers or records, it shall be the duty of the owner of the vessel to preserve such records or copies thereof in his office or place of business in the United States for a period of one year. Persons or corporations chartering or engaging or contracting for the use of vessels under such terms and conditions that they have full and exclusive control of the management and operating of such vessels shall be subject to the same requirement for preservation of records as are imposed upon owners of vessels by this section and in such cases the owners shall not be required to preserve such records.

(b) Any records required to be so preserved shall be produced to the Commandant of the Coast Guard or his authorized representative upon his request therefor.

[Order 74, 6 F.R. 259, Jan. 11, 1941, as amended by CGFR 47-35, 12 F.R. 4184, June 27, 1947, CGFR 58-9, 23 F.R. 4839, June 28, 1958; CGFR 62–11, 27 F.R. 5280, June 5, 1962]

§ 146.02-25

tainers are actually loaded and discharged from vessels with their contents intact.

Conditions under which equivalents or alternative procedures may be used.

(a) When in this subchapter it is provided that a particular fitting, appliance, apparatus, equipment, or container, or type thereof, shall be fitted or carried in a vessel, or that any particular arrangement shall be adopted, the Commandant may accept in substitution therefor any other fitting, apparatus, equipment, or container, or type thereof, or any other arrangement: Provided, That he shall have been satisfied by suitable trials or tests that the fitting, appliance, apparatus, equipment, or container, or type thereof, or the arrangement is at least as effective as that specified in this subchapter.

(b) In any case where it is shown to the satisfaction of the Commandant that the use of any particular equipment, apparatus, container, or arrangement not specifically required by law is unreasonable or impracticable, the Commandant may permit the use of alternate equipment, apparatus, container, or arrangement to such an extent and upon such conditions as will insure, to his satisfaction, a degree of safety consistent with the minimum standards set forth in this subchapter.

(c) When the procedures, designs, or methods of stowage or construction are submitted for approval the Commandant is authorized to act regarding the approval or disapproval of such new developments for which no regulations have been provided.

JOGFR 57-30, 22 F.R.. 4447, June 25, 1957]

§ 146.02-30 Portable containers-interpretive rulings.

(a) The phrase "drums, barrels, or other packages," as used in R.S. 44178, as amended (46 U.S.C. 391a), and in R.S. 4472, as amended (46 U.S.C. 170), is interpreted to include portable containers having a maximum capacity of 110 US gallons, which are actually loaded and discharged from vessels with their con

tents intact.

(b) The phrase "combustible liquid cargo in bulk" as used in RS. 44179, as amended (46 U.S.C. 391a), and in R.S 4472, as amended (46 U.S.C. 170), is interpreted to include portable containers of a capacity of more than 110 U.S. gallons, whether or not such con

The letters "MIN" refer to "Marine Inspection and Navigation", a former Bureau in the Department of Commerce whose functions are now carried out by the Coast Guard.

[CGFR 62–11, 27 F.R. 5280, June 5, 1962] § 146.03-3 Bulk.

The word "bulk" means substances which are loaded and carried on board a vessel without benefit of containers or wrappers, and received and delivered by the vessel carrier without mark or count: Provided, however, That this definition does not apply to initiating or priming explosives.